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26 May 2013, 5:01 pm
See also T 681/01 [2.1.1], where the board emphasized that the normal rule of claim construction is that the terms used in a claim should be given their ordinary meaning in the context of the claim in which they appear. [read post]
29 Jan 2008, 5:09 am
Banks are under pressure to tighten their internal risk controls after the French bank Société Générale unveiled the biggest incident of [...] [read post]
24 Mar 2023, 9:41 am
Thus, for inventive step, what matters is whether the purported technical effect "is encompassed by the teaching" of the application as filed. [read post]
18 Jul 2023, 7:13 am
This is in line with the current version of the Guidelines G-VI.4 stating: Subject-matter described in a document can only be regarded as having been made available to the public, and therefore as comprised in the state of the art pursuant to Art. 54(1), if the information given therein is sufficient to enable the skilled person, at the relevant date of the document to practise the technical teaching which is the subject of the document, taking into account also the general… [read post]
10 Jan 2013, 5:01 pm
Based on decision T 384/91 in connection with decision G 1/93, and on decision G 9/91, it reasoned as follows: In decision G 1/93, the Enlarged Board of Appeal (EBA) had defined the conditions under which a patent could be maintained unamended despite it containing subject matter extending beyond the content of the application as filed. [read post]
31 Jul 2017, 8:14 am
G 1/03 and G 2/10 relate to different cases, so cannot prima facie be considered as somehow conflicting, but Board 3.3.09 made the currently pending referral G 1/16 while handling appeal T 0437/14 asking a.o. whether the G 2/10 decision effects how some aspects of G 1/03 shall be interpreted. [read post]
1 Sep 2011, 5:01 pm
Is it the application of the criteria set out in decision G 1/03 or should the relevant test be whether the subject-matter remaining in the claim after the introduction of the disclaimer was disclosed in the application as filed, as was held in decision T 1107/06? [read post]
5 Dec 2018, 8:08 am
This is in line with the conclusions in point 10 of the Reasons of G 4/95.(... remainder omitted ...)OrderFor these reasons it is decided that:The appeal is dismissed.This decision T 1890/15 (pdf) has European Case Law Identifier: ECLI:EP:BA:2017:T189015.20171219. [read post]
30 Aug 2022, 2:14 am
Legal Background: Purity as conventionIn assessing the novelty of a claimed invention, the burden of proof is normally placed on the patent office (or opposing third party) to find evidence of at least an implicit disclosure of the claimed subject matter in the prior art (G 2/88, G 2/10). [read post]
23 Jun 2021, 12:10 am
A Press Communiqué of 22 June 2021 on decision G 4/19 of the Enlarged Board of Appeal was issued yesterday. [read post]
19 May 2010, 3:02 pm
[…][4] The patent is to be maintained as amended.The Board thus confirms the approach taken in T 653/02 and T 646/02.To read the whole decision (in German), click here. [read post]
4 Jun 2019, 4:55 am
Disclaimers are a special case in which subject matter not disclosed in the application as filed may be introduced into a claim without contravening the EPO's strict added matter requirements (Article 123(2) EPC). [read post]
22 Jan 2019, 8:24 am
No conclusion can, however, be drawn from G 9/91 or G 10/91 on the required content or quality of the arguments in the statement under Rule 55(c) EPC 1973 or the written reasoned statement according to Article 99 EPC 1973 or Rule 76(1) EPC.7. [read post]
4 Mar 2013, 5:01 pm
It comprises besides 10 g/l imidazole (since not further specified it has to be interpreted that all substituents R1, R2, R3 and R4 are hydrogen), 11.3 g/l of hydroxyethylenediaminetetraacetic acid (HEDTA), 5 g/l Chemeen T-15, 5 g/l Igepal Co-730, 0.75 g/l of 3,5-dinitrosalicylic acid (which is the trivial name for the compound “3,5-dinitrohydroxy benzoic acid” disclosed in the present application as the preferred oxidant) and said… [read post]
16 Sep 2009, 3:55 am
According to G 2/88 [5.1], A 64(2) is not as a rule directed to a patent whose claimed subject-matter is the use of a process to achieve an effect (this being the normal subject of a use claim), but rather to a European patent whose claimed technical subject-matter is a process of manufacture of a product. [read post]
10 Jul 2013, 5:01 pm
The board is fully aware that according to the established case law the subject-matter of a product-by-process claim is not limited to products actually produced by the relevant process but also extends to products which are structurally identical to such products and which are produced by a different process (see decisions G 1/98 [4]; T 219/83 [10]). [read post]
12 Sep 2013, 5:01 pm
”[11] In its decisions G 1/03 and G 2/03 the EBA has explained that an applicant may not arbitrarily amend its claims and that a disclaimer that may be required ought not to exclude more that is necessary to exclude the subject-matter that is excluded from patentability for non-technical reasons. [read post]
2 Jun 2021, 6:28 am
G. [read post]
4 Apr 2023, 6:32 am
No matter. [read post]
1 Jan 2013, 5:01 pm
Hence, the board concludes that the requirements of R 99(1)(a) are met and thereby follows the jurisprudence established in decisions T 920/97 [1], T 475/07 [1.1] and T 1519/08 [2.1]). [2.2.3] Moreover, the board does not agree that the appeal proceedings should be stayed in view of decision T 445/08, pending as referral G 1/12. [read post]
